Kernahan v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

This case is before us on the State’s petition for discretionary review. The El Paso Court of Appeals, 643 S.W.2d 210, granted relief to appellant who had appealed the trial court denial of his application for writ of habeas corpus based upon Article 17.151, V.A.C.C.P. For the reasons stated herein, we will affirm the judgment of the Court of Appeals.

Kernahan was arrested on June 23, 1982, based upon a complaint that he committed felony theft of services over $200.00 in value. An indictment was not returned until September…